The judgment establishes the seriousness of sexual harassment at the workplace, the standard of a 'reasonable woman' in such cases, and the importance of maintaining discipline in the armed forces.

NAVIN CHAWLA, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner impugns the order dated 24.12.2014 passed by the Commandant (Medical), MTC, Sashastra Seema Bal, Shimla dismissing the petitioner from service having found him guilty of an offence under section 43 of Sashastra Seema Bal Act, 2007. The petitioner further challenges the order dated 08.09.2015 vide which his appeal against the same was dismissed by Inspector General (Personnel).

2. The petitioner aged about 29 years was appointed as Constable (Nursing Orderly) in Sashastra Seema Bal (hereinafter referred to as SSB) at 14th Bn SSB Jayanagar on 09.07.2012. Thereafter, he was detailed for 06th Basic Medics Course held at MTC, SSB, Shimla w.e.f 30.06.2014 to 01.01.2015.

3. While undergoing 06th Basic Medics Course at MTC Shimla, petitioner sent Short Message Service (SMS) to Dr. X (name is being withheld) on 18.08.2014 at 1252 hrs. The same is quoted herein below:

“I most like you. But I have little experience and don’t know how to express the feelings. You really fairy @ 12.”

4. A series of SMS were thereafter exchanged between Dr.X and the petitioner on the same day, which were quoted by her in the complaint dated 21.08.2014 to the Commandant, 25th Bn, and are reproduced herein below:

“I, Dr.X received some messages from a no. not known to me on 18th August 2014 at 12:52 from the number was +91-9805581971, the conversation was as under:-

Mon, 18-8-14

12:52 PM

Myself 18/8/2014

12:52 PM “Who are you?”

(By this time I know that is someone related to MT SSB as he dropped in 2 clue 1 @ 12.2 ali)

Sender 13:17

18/8/2014 “ali”

Me 13:19

18/8/2014 “What???”

Me 13:24 “Kameene phn utha............! Hai kaun tu??

Stop sending such messages!”

Me 18/8/2014 20:39 “Tum jo koi bhi ho chup chap mujhe bata do apna naam etc. I wont make it big issue....... agar nahin bataya then, U WILL SEE.......”

Sender

22:16

18//14 “Jahid Ali aap mujhe punishment de dena please! Kisi se kehna nahi class me @ good night”

Hence I came to know by this conversation that it is some person in MTC’s Basic Medic Course under training.

The next day i.e. 19/8/2014 I called the person asked “ye messages tumne Bheje mujhe”, he replied “Ji, Maine Bheje”.

He accepted the fact that he took my phone number from the M.I room and sent those messages.”

Sir,

If a person can send a superior Lady Officer such immoral messages in presence of so many people at MTC then he can do any immoral act when in a solitary condition to any lady.

Even after accepting the fact that he sent me messages this person did not apologies for this at.

It was only after scolding him he apologized with no shame at all. I scolded him in presence of Kusum Ji (My peon)

I therefore request you sir, please take strict action against the constable Jahid Ali, 14th Bn, Jaynagar”.

5. On basis of the complaint, a Court of Inquiry under Rule 172 of SSB Rules, 2009 was initiated against the petitioner vide order dated 20.08.2014, passed by Commandant, 25th Bn, SSB, Ghitorni. On the basis of the Court of Inquiry Report, hearing under Rule 46 of SSB Rules, 2009 was held on charge under Section 43 of the SSB Act, 2007. As the offence committed by the petitioner was considered serious in nature and against a woman at workplace. A plea of “Not guilty” was recorded and case was recommended for preparation of Record of Evidence.

6. The statement of the petitioner recorded in the Record of Evidence is of some relevance and is quoted below:

“I think and feel that she used to care for me more than others because I was good in studies and she had also enquired about Ed and who all are going for Namaaz etc. She is cultured, simple and not fashionable. When Dr. .... did not come to our class on 16th August 2014, I thought that I might have done something wrong due to which Dr... did not come to our class. This thought process was in my mind on 16th & 17th August 2014, but since Monday i.e. 18th Aug’2014 was a holiday, I was in my hostel room at about 13